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Second Opinion

Washington Highlights

District Court Halts Implementation of Nondiscrimination Provision of ACA

January 6, 2017—The U.S. District Court in North Texas Dec. 3 issued a preliminary injunction against the enforcement of certain provisions in Sec. 1557 of the Affordable Care Act, which extends nondiscrimination protections to transgendered individuals in health programs who receive federal assistance.

The Department of Health and Human Services (HHS) May 13, 2016, finalized a rule to implement Sec. 1557, which among other protections, prohibits insurers from categorically excluding care related to gender transition and affirms that women should receive care equal to their male counterparts [see Washington Highlights, May 20].

The AAMC Oct. 15, 2015, submitted a comment letter to HHS, noting that the association “strongly supports HHS’ extension of nondiscrimination protections to transgendered populations.” The letter also notes that this population, among others, “experience significant inequities in health care access and utilization.”